Dan F. Partin
Attorney at Law
Toll Free: 800-573-6365
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According to the U.S. Census Bureau, the average worker who files for workers' compensation benefits receives $5,848. To find out more about your potential benefits, contact a qualified attorney now.
According to the U.S. Census Bureau, over 1.8 million people file workers' compensation claims annually. Contact an attorney to determine whether you have a valid claim.
Did you know that the first workers' compensation statute in the U.S. was passed in Maryland in 1910? To learn more about your state's workers' compensation laws, contact an experienced attorney.
Workers' compensation was invented in Germany in the 1800's. It took the U.S. many years to offer similar protection to workers. Make sure you receive just compensation by consulting with a qualified workers' compensation attorney.
Workers' compensation is a benefit that is available to nearly all employees who suffer an injury that arose out of and in the course of their employment. Workers compensation benefits include the payment of medical bills, job training, temporary total disability benefits, permanent partial disability benefits, total disability benefits, and death benefits if the employee died as a result of a work-related injury. Work related injuries or illnesses that trigger workers' compensation coverage in Kentucky include:
Asbestos exposure and other occupational diseases
Asthma and other work related pulmonary conditions
Back injuries, knee injuries, neck injuries, shoulder injuries and head injuries
Burns and electrocution
Carpal tunnel syndrome and repetitive trauma injuries
Coal mining accidents
Chemical burns and toxic chemical exposure
Disfigurement and scarring
Eye injuries and hearing problems
Factory and industrial accidents
Work-induced emotional and psychiatric problems related to physical injuries
Work-induced heart attacks, hypertension, or work-induced strokes
To learn more about a variety of workers’ compensation topics affecting Kentucky workers injured on the job, please read on.
When dealing with work-related injuries, our goal is to help injury victims and families design a successful strategy for physical, emotional, and financial recovery.If you have further questions or concerns about workers compensation law or a “work comp” claim in Kentucky please contact us today. For immediate answers to your questions please call us toll-free at 1-800-573-6365 or in Harlan, Kentucky at 606-573-7400.
Workers' Compensation - An Overview
The term "workers' compensation" refers to a system of laws outlining specific benefits to which injured employees are entitled, and the procedures for obtaining such benefits. Every state has its own workers' compensation laws, which are contained in statutes, and vary somewhat from state to state. In addition, there are special, federal workers' compensation laws for employees of the federal government and other, specific types of industries.
Under the law in most states, every business must have some form of workers' compensation insurance to cover injured employees. Filing a workers' compensation claim is similar to filing an insurance claim; it isn't a lawsuit against an employer, but rather a request for benefits.
If you have been injured at work, attorneys experienced in workers' compensation law can explain the complexities of workers' compensation and help you secure the maximum benefits to which you are entitled.
What Are My Employer's Responsibilities Under Workers' Compensation Laws?
Workers' compensation insurance benefits provide cash and medical care for workers who become disabled because of an injury or sickness suffered because of their job. If death results, benefits are payable to a worker's surviving spouse and dependents. In most states, employers are required to purchase insurance for their employees from a workers' compensation insurance carrier. In some states, larger employers who are clearly solvent are allowed to self-insure, or act as their own insurance companies, while smaller companies (with fewer than three or four employees) are not required to carry workers' compensation insurance at all. When a worker is injured, his or her claim is filed with the insurance company, or self-insuring employer, who pays medical and disability benefits according to a state-approved formula.
Can I Recover Workers' Compensation Benefits if I Work for Federal, State or Local Government?
Whether a state or municipal employee is covered by the state's workers' compensation statutes, or by a different system, depends on the specific provisions of each state's laws. In general, state workers' compensation statutes specifically set forth which types of employees are eligible to receive benefits under the state system, and which types of employees are not.
Can I Sue My Employer Instead of Filing a Workers' Compensation Claim?
The answer to this question is, in most cases, no. Workers' compensation systems were established as a tradeoff in which employees gave up the right to sue employers in court for their injuries, in exchange for the right to receive workers' compensation benefits regardless of who was at fault for their injuries. Most employers are required by law to provide workers' compensation insurance for the benefit of their employees. In exchange for providing that insurance, employers are protected from defending personal injury claims brought by employees in civil actions.
What are the Rehabilitation Rights of Injured Workers?
The word "rehabilitation" in the area of workers' compensation has two very different meanings. When most people think of rehabilitation, they think of physical therapy or rehabilitative care aimed at overcoming an injury and regaining functionality. Did you know that there is also vocational rehabilitation? In many states, injured workers who cannot return to their former employment are entitled to this type of rehabilitation at the expense of their employer's workers' compensation carrier.
Frequently Asked Questions about Workers' Compensation
Q: What is workers' compensation?
A: Workers' compensation laws allow workers who are injured in the course of their employment to be compensated for their injuries without having to resort to a traditional lawsuit, or court proceedings. An injured worker does not have to prove that his or her employer was negligent, or at fault for the injury, only that the injury happened in the course of the worker's employment. Unless someone other than your employer was liable for your injuries, workers' compensation is your sole remedy for your injuries.
Q: What kinds of injuries are covered?
A: Almost any kind of physical injury or disease is covered by workers' compensation. An injury or condition you already had will not qualify, unless it was aggravated or made worse on the job.